LEGAL STUDY OF SEXUAL INTERCOURSE ON THE FALSE PRETEXT OF MARRIAGE

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Megha Kaintura , Harjas Gill , Dr. Sandhya Verma , Prof. (Dr.) Poonam Rawat , Dr. Radhey Shyam Jha , Sachin Kumar

Abstract

In India, violence against women, including sexual assault and rape, is a serious issue. Laws relating to Women's protection have been amended by passing of the time. Instances of obtaining consent through fraud has increased through the years, although the crime has been in the society for more than a decade but have only gained voice in the past few years. “Sexual intercourse as part of a false promise of marriage” is considered Rape because consent is an essential part of sexual intercourse. Men's false promises to marry women do not indicate consent to a physical relationship. The Court in their various notable decisions has said that sexual intercourse received in exchange for a false promise of marriage constituted rape. These are acts of societal malfeasance. Through this article I aim to give an understanding of false promise of marriage just to acquire physical relation, whether or not this amounts to Rape and under what conditions does this amount to rape.

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